Dr. MUHAMMAD ALYAS HASHMI vs MASOOD KHAN AND 5 Other
This matter arises from a petition seeking leave to appeal against the dismissal in limine of a writ petition by the Lahore High Court, which had upheld the discharge of private respondents under Section 253 of the Code of Criminal Procedure 1898 in a private complaint. The core legal question concerned whether the High Court erred in refusing to interfere with the concurrent orders of the lower forums discharging the respondents. The Supreme Court held that the petition lacked merit, noting that the petitioner had delayed filing his complaint by a week after his release on bail and over two months after the alleged occurrence, and that the appreciation of evidence by the courts below suffered from no illegality. The key principle laid down is that the constitutional jurisdiction of the High Court will not be exercised to interfere with concurrent orders of discharge where no jurisdictional defect or illegality is shown in the appreciation of the circumstances of the case.
- Whether the High Court's dismissal of a writ petition against an order of discharge under Section 253 of the Code of Criminal Procedure 1898 warrants interference by the Supreme Court?
- Does a delay of over two months in filing a private complaint after the alleged occurrence affect the credibility of the prosecution case?
- Can concurrent findings regarding the discharge of accused persons be set aside in constitutional jurisdiction without showing a material illegality?
- Section 253, Code of Criminal Procedure 1898
- Section 307, Pakistan Penal Code 1860
- Section 450, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
MUHAMMAD AFZAL CHEEMA, J.-Doctor Muhammad Alyas Hashmi petitioner herein feels aggrieved by the order of the Lahore High Court, dated 17.7-1977 whereby has Writ Petition No. 1059 of 1977 was dismissed in limine.
Mr. Hashmi has appeared in person and has argued his own case. According to him on 20-3-1975 while present in his Clinic Styled Atomi Health Centre, Murree Road, Rawalpindi, he was assaulted by respondents 1 to 5 and received an injury below the right eye and also grappled with one of the assailants who received right injuries case under section 307, P. P. C was registered against the petitioner which is still pending trial in the Court of the Ilaqa Magistrate. He was arrested and was released on bail after about 2 -- months when he filed a complaint against respondents 1 to 5 under section 307/450 /148/149, P. P. C. It appears that instead of consolidating the police challan against the petitioner and the complaint filed by him the learned Magistrate took up his case separately and after recording preliminary evidence discharged the respondents under section
253. Cr. P. C. His revision against this order was dismissed by the Additional Sessions Judge whereupon he invoked the constitutional jurisdiction of the High Court and his writ petition was dismissed in limine as stated earlier giving rise to the present petition.
We heard the petitioner quite at some length. Obviously he could not appreciate, the legal aspect of the matter and insisted on taking us through the statements of the witnesses produced by him at the preliminary hearing of his complaint. From the perusal of the record, it appears that he did no approach the police for getting a case registered against the respondents. While attacked by five assailants, he received only one injury as against eight by one of the assailants. Even otherwise it took him full one week to file the complaint after his release on bail in respect of the occurrence which had taken place more than two months earlier. We do not find any illegality in the High Court's order which had rightly dismissed his writ petition. The petition has no merit and is accordingly dismissed.